ANIL CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS mandamus appeal is directed against an interim order passed by Learned Single Judge of this Court on 10th July, 2014 in W.P.No. 18138(W) of 2014 whereby the writ petitioners/appellants were permitted to use the brick kilns, subject to due payment in terms of the demand of June 6, 2014 with this rider that if it is ultimately discovered that the increase was not justified or malafide, the petitioners would be entitled to appropriate refund at the final hearing. The time to make the deposit in terms of the impugned notice of 6th June, 2014 was enlarged by fortnight from the date of the order. Parties were directed to file affidavits in the said proceeding and the matter was directed to be listed for hearing in the monthly combined list of September, 2014. The legality of the said order is under challenge in this mandamus appeal at the instance of the appellants/writ petitioners.

(2.) AFTER hearing the Learned Advocates for the parties and after considering the materials on record, we do not find any reason to interfere with the impugned order at this stage, as the justifiability of the demand towards the usage charges is still under consideration before the Learned Single Judge. However, considering the renewal clause contained in the agreement entered into between the parties bearing Agreement No. 9 for the year 2012 -13; appearing at page 52 of the stay application, we are of the view that the liability of the petitioners to deposit a sum of Rs. 4,96,933/ - together with 10% escalation cost cannot be denied by the petitioners for availing of renewal of the said lease and as such, we modify the impugned order only to this extent that the petitioners will be permitted to use the brick kiln, subject to payment of a sum of Rs. 5,50,000/ - towards the demand made by the concerned respondent vide its letter dated 6th June, 2014 to the concerned authority and further deposit the balance demand amounting to Rs. 1,77,000/ - with the Registrar General of this Court by way of security which may ultimately be adjusted against the demand of the concerned authority, subject to the result of the writ petition.

(3.) THE appeal is disposed of. In view of the disposal of the appeal, no further order need be passed on the application. Accordingly, the application is also disposed of.